Kerala High Court
Devika Sasi vs Vaishak B.C on 18 July, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
TR.P(C) NO. 374 OF 2024
OP NO.412 OF 2024 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/RESPONDENT IN OP:
DEVIKA SASI, AGED 28 YEARS
D/O SASI, KALARICKAL HOUSE, RAYAMNGALAM,
KUNNATHUNADU TALUK, KEEZHILAM P.O,
PERUMBAVOOR, ERNAKULAM, PIN - 683541
BY ADVS.
S.RENJITH
GEORGE MATHEW (ONATTUPARAMBIL)
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.PRATHISH
KRISHNA DAS
RESPONDENT/PETITIONER IN OP:
VAISHAK B.C., AGED 35 YEARS
S/O CHANDRAN, BRAHMAKULAM HOUSE
MUKANDAPURAM TALUK, PUTHUKKAD P.O,
THRISSUR, PIN - 680301
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P(C) No.374 of 2024 2
VIJU ABRAHAM, J.
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Tr.P(C). No.374 of 2024
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Dated this the 18th day of July, 2024
ORDER
Petitioner herein is the respondent in O.P.No.412 of 2024 pending before the Family Court, Irinjalakuda and the respondent herein is the petitioner in the said original petition, which is filed seeking restitution of conjugal rights.
2. Petitioner submits that she has a male child of seven months old and is residing with the child at Rayamangalam and she has filed M.C.No.16 of 2024 before the Judicial First Class Magistrate Court-III, Perumbavoor for maintenance and return of gold ornaments as per the provisions of the Protection of Women from Domestic Violence Act, 2005. Petitioner further submits that she is finding it difficult to travel more than 55 kms along with the baby to attend the proceedings before the Family Court, Irinjalakuda. It is in the said circumstances that the petitioner has sought for a transfer of O.P.No.412 of 2024 to the Family Court, Muvattupuzha, which is only 10 kms away from her house.
3. Though notice was issued to the respondent, there is no appearance for him.
Tr.P(C) No.374 of 2024 3
Taking into consideration the fact that the petitioner is a lady having a male child of seven months old and also the settled law that the convenience of the wife is of paramount importance while considering an application for transfer of the case as held by the Apex Court in Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale, (2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022 (4) KLT OnLine 1020 (SC) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, 2005 (1) KLT OnLine 1169(SC) I am inclined to allow the transfer petition. Accordingly O.P. No.412 of 2024 pending consideration before the file of the Family Court, Irinjalakkuda is transferred to the Family Court, Muvattupuzha for trial and disposal.
Transfer Petition (Civil) is allowed as above.
Sd/-
VIJU ABRAHAM JUDGE cks Tr.P(C) No.374 of 2024 4 APPENDIX OF TR.P(C) 374/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FORM -8 NOTICE ISSUED IN O.P NO. 412 OF 2024 BY THE FAMILY COURT IRINJALAKUDA DATED 29.04.2024 Annexure A2 TRUE COPY OF THE M.C NO. 16 OF 2024 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PERUMBAVOOR DATED 07.03.2024